(a)

This chapter establishes uniform provisions for the regulation of legal nonconforming structures, land uses, and parcels. Within the zoning districts established by this chapter, there exist structures, land uses, and parcels that were lawful prior to the adoption or amendment of the ordinance from which this chapter is derived, but which would be prohibited, regulated, or restricted differently under the terms of this chapter or future amendments.

(b)

It is the intent of this chapter to encourage the continuing improvement of the Town by limiting the extent to which nonconforming structures (other than residential structures) and nonconforming uses may continue to be used, expanded, or replaced, while allowing for reasonable improvements for appearance, maintenance, and safety.

(c)

Generally, this chapter is intended to be administered in a manner that encourages the eventual elimination of these nonconformities, with the exception of nonconforming residential structures, as it is recognized that the nonconforming conditions of residential structures may not be detrimental to adjacent uses or properties or the community in general, and that provisions are needed to allow for expansion and improvement in these cases.

(Code 1990, § 17.100.010; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 16-06, § 4(exh. A), 9-8-2016)

(a)

A structure that is nonconforming due to the lack of compliance with off-street parking standards shall be permitted to undergo changes in use or other improvements in compliance with this chapter, and as provided in Section 17.44.040.

(b)

No existing use of land or structure shall be deemed nonconforming because of the lack of screening or landscaping required by various chapters of this title.

(c)

Nothing in this chapter pertaining to nonconforming uses or structures shall be construed or applied so as to require the termination or removal, or so as to prevent the modernization, replacement, repair, alteration or rebuilding of public services or public utility uses, structures, equipment and facilities provided that there is no change of use or increase in the area utilized by the nonconforming use or structure.

(Code 1990, § 17.100.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 2021-04, § 4(exh. B), 4-21-2021)

(a)

A use lawfully occupying a structure or a site that does not conform with the use regulations or the site area regulations for the zone in which the use is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided in this chapter.

(b)

A structure lawfully occupying a site that does not conform with the standards for front yard, side yards, rear yard, height, coverage, distances between structures, or other development standards for the zone in which the structure is located, shall be deemed to be a legal nonconforming structure and may be used and maintained, except as otherwise provided in this chapter.

(c)

A parcel that was legally created but that does not conform with the property development standards for the zone in which the parcel is located shall be deemed to be a legal nonconforming parcel and may be used, developed, and maintained, except as otherwise provided in this chapter.

(d)

A nonconforming use, structure, or parcel may be continued, transferred, or sold, provided that no such use or structure shall be enlarged or increased, except as otherwise provided in this chapter.

(e)

Routine maintenance and repairs may be performed on a structure or site if either the use or the structure itself is nonconforming.

(f)

Nonconforming residential and commercial driveways may continue to be maintained and repaired until such a time that the driveway is reconstructed, fully or partially realigned, modified dimensionally, connected to a new structure, or a change is made to any structure on the property that would require that the structure be brought into compliance with current codes and standards.

(Code 1990, § 17.100.030; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Nonconforming use in a conforming structure.

(1)

No structure, the use of which is nonconforming shall be moved, altered or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except as permitted in this chapter.

(2)

No nonconforming use shall be enlarged or extended in such a way as to occupy any more of the structure or site or occupy another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

(b)

Changes to a nonconforming structure. Alterations or additions may be made to a nonconforming structure as follows:

(1)

Additions to nonconforming residential structures may be made provided that the addition complies with all applicable codes and standards. Additions to nonconforming commercial structures may be made provided that the addition is no more than 25 percent of the existing building floor area, excluding garages. Additions to nonconforming commercial structures may be made no more than once every three years. All improvements shall comply with California Building Standards Code requirements.

(2)

No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yards, rear yard, height of structures, distances between structures, or usable open space prescribed in the regulations for the zone in which the structure is located. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yard, side yards, rear yard, height of structures, and distances between structures, or usable open space prescribed in the regulations for the zone in which the structure is located.

(3)

Alterations that do not impact the exterior of a building, such as an interior remodel, are permitted to occur in a nonconforming structure, without limitation, except as otherwise prohibited by this chapter.

(c)

Structures crossing a property line.

(1)

If an owner wishes to relocate a structure that is deemed nonconforming because it crosses a property line so that it is within the property lines, that effort shall be subject to all building and zoning requirements in place at the time of relocation.

(2)

Construction of a new structure on a site containing a building that crosses a property line, or additions to a nonconforming building that crosses a property line, shall not be permitted unless the nonconformity is eliminated.

(3)

Repairs to, or maintenance of, structures crossing a property line, including interior remodels, are permitted, provided that they comply with all building and zoning requirements in place at the time of work.

(d)

Seismic retrofitting and California Building Standards Code compliance. A nonconforming structure may undergo alterations, reconstruction, or repair to improve seismic safety or to comply with California Building Standards requirements, provided that the work is exclusively to comply with applicable earthquake safety standards and the California Building Standards and does not change the structure's footprint or height. The extent of these improvements shall not be limited in scope by the building's existing floor area or other requirements of this chapter.

(Code 1990, § 17.100.040; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 16-06, § 4(exh. A), 9-8-2016)

(a)

Whenever a nonconforming structure or a structure housing a nonconforming use is destroyed to the extent of 50 percent of the replacement value or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds 50 percent of the replacement value or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations of the zone in which it is located and the nonconforming use shall not be resumed.

(b)

Existing legal residential uses in any zone may be reinstated when the structure in which they were located has been destroyed, provided that the new structure meets the property development standards for the zone in which it is located.

(c)

Nonconforming multifamily structures that are destroyed to the extent of more than 50 percent of the floor area of the structure may be rebuilt subject to compliance with Government Code § 65852.25. Notwithstanding the foregoing, the Town may prohibit reconstruction pursuant to Government Code § 65852.25.

(Code 1990, § 17.100.050; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 20-13, exh. A(h), 11-18-2020)

(a)

Termination by discontinuance.

(1)

If a nonconforming use of land or structure is discontinued for a continuous period of one year or more all rights to legal nonconforming status shall terminate.

(2)

The Director shall determine discontinuance based on evidence, including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. The one-year period shall not apply if the Director determines that legitimate and continual efforts to reuse the subject property have been made during the one-year period.

(3)

The Director may grant an administrative permit to allow an extension of the one-year period for a period not to exceed an additional one year if the Director finds that circumstances of a significant or unusual nature prevent or have prevented the timely reestablishment of the use or structure. The applicant shall file an application for the administrative permit for the extension request prior to expiration of the original one-year period.

(4)

Without further action by the Town, further use of the site or structure shall comply with all of the current regulations of the applicable zoning district and all other applicable provisions of this chapter.

(b)

Termination by destruction. Nonconforming status shall terminate if a nonconforming structure, or a structure occupied by a nonconforming use, is involuntarily damaged or destroyed, except as otherwise provided in this chapter.

(Code 1990, § 17.100.060; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Legal building site. A nonconforming parcel that does not comply with the applicable access, lot area, buildable area, width, or depth requirements for the regulations for the zoning district in which it is located shall be considered a legal building site if it meets at least one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:

(1)

Approved subdivision. The parcel was created by a recorded subdivision map or a Certificate of Compliance;

(2)

Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed prior to the effective date of the amendment or adoption of the land use regulation that made the parcel nonconforming;

(3)

Variance or lot line adjustment. The parcel was approved through the variance procedure in compliance with Chapter 17.72 or resulted from a lot line adjustment as provided by Title 16; or

(4)

Partial government acquisition. The parcel was created in compliance with the provisions of this chapter but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing any public right-of-way was decreased not more than 50 percent.

(b)

Subdivision or adjustment of a nonconforming parcel. No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel.

(Code 1990, § 17.100.070; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Conformity of uses requiring a use permit. Any use existing at the time of the adoption or amendment of the ordinance from which this chapter is derived, in any zoning district that allows the use subject to the granting of an administrative permit or a use permit, shall be deemed a conforming use if there is no administrative permit or use permit, but only to the extent that it previously existed, including maintaining the same site area boundaries and hours of operation. Any expansion or change in the intensity of the use requires an administrative permit or a use permit.

(b)

Previous planning permits in effect. Any use in existence by virtue of a use permit issued in compliance with the regulations in effect at the time of application for any land use activity which, under the new regulations is not allowable by use permit, may continue, but only in compliance with the provisions and terms of the original administrative permit or use permit. If the use permit specified a termination date, then the use shall terminate in compliance with the original permit. If a use formerly required an administrative permit or a use permit in a particular zoning district and the use has become an allowed use within that district, the prior permit is deemed rescinded.

(Code 1990, § 17.100.080; Ord. No. 14-02, § 4, 3-19-2014)

Nonconforming signs shall be permitted to be continued and maintained, repaired, altered, or may lose their nonconforming status in compliance with Section 17.48.130.

(Code 1990, § 17.100.090; Ord. No. 14-02, § 4, 3-19-2014)

In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken in compliance with Chapter 8.20.

(Code 1990, § 17.100.100; Ord. No. 14-02, § 4, 3-19-2014)

This chapter provides procedures for appealing determinations and actions made by the Director or Commission.

(Code 1990, § 17.104.010; Ord. No. 14-02, § 4, 3-19-2014)

Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as follows:

(1)

Director decisions. Any decision by the Director, including administrative permits may be appealed to the Commission by any aggrieved person.

(2)

Commission decisions. Any decision by the Commission may be appealed to the Council by any aggrieved person.

(3)

Council review/appeal.

a.

Any member of the Council within 15 calendar days from the date of the review authority's action may request the opportunity to review/discuss any decision rendered by the Director or Commission.

b.

The Council may conduct an appeal of any decision by the Director or Commission at the next available Council meeting if a member of the Council has requested the opportunity to review the decision within 15 calendar days from the date of the review authority's action. A majority vote of the Council is required to initiate the appeal.

(4)

Statute of limitations. Any action challenging a decision of the Council shall be filed with the Superior Court of the County within 30 days after the decision of the Council. Absent such timely and properly filed action, the decision of the Council shall be final on all matters.

(Code 1990, § 17.104.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 17-10, § 4(exh. A), 11-1-2017)

(a)

Timing and form of appeal.

(1)

Appeals shall be submitted in writing, and filed with the Town Clerk, on a Town application form, by 5:00 p.m. on the 15th day following the date of the review authority's action except as allowed by Section 17.100.020(3).

(2)

The appeal shall state the pertinent facts of the case and the basis for the appeal.

(3)

Appeals shall be accompanied by the filing fee set by the Council's fee resolution.

(b)

Scheduling of hearing and Director's report. When an appeal has been filed, the Director shall schedule the matter for consideration by the appropriate appeal body identified in Section 17.100.020 within 21 days, or as soon thereafter is practicable, and prepare a report on the matter. If the matter originally required a noticed public hearing, the Town Clerk shall give notice in the same manner followed for the original hearing, in compliance with Chapter 17.120, provided that notice shall be mailed to the owner of the property in question (if any), to owners of abutting parcels (if any), and to persons who filed written objections to the original application who requested notice of subsequent proceedings or who received notice of the original proceedings. The notice shall set forth a brief summary of the decision appealed and a brief summary of the nature of the appeal.

(c)

Review by Director.

(1)

The Director shall determine if the appeal was filed within the applicable time limits and shall summarily reject any appeal which was filed beyond the time limits. Further, the Director shall determine if the appeal contains sufficient information as required by Subsection (a) of this section.

(2)

If the Director determines that the information in the appeal is incomplete, the Director shall immediately notify the appellant of the insufficiency and allow the appellant an additional seven days in which to correct the deficiency.

(3)

If upon the expiration of any additional time, the Director determines that the statement on appeal is still insufficient, the Director shall summarily reject the appeal.

(d)

Town Attorney's authority to summarily reject appeal. Upon presentation of the notice of appeal, together with the required statement on appeal, the Town Attorney may summarily reject the appeal if the Town Attorney finds that the matter being appealed is a requirement of law.

(e)

Action. The Director shall forthwith transit to the Commission or Council copies of the staff report and all papers constituting the record upon which the decision appealed was made, stating the factual and legal basis on which the Director or Commission made the determination that is the subject of the appeal. At the hearing, the appeal body may consider any issue involving the matter being appealed, in addition to the specific grounds for the appeal and may continue the hearing from time to time as it deems necessary.

(1)

The appeal body may, by resolution, affirm, affirm in part, or reverse the action, the decision, or determination of the original review authority.

(2)

When reviewing an appeal, the appeal body may:

a.

Deny the permit or entitlement, even though the appeal only requested relaxation or elimination of one or more of the conditions imposed on the permit or entitlement: or

b.

Impose additional conditions that may address other issues or concerns than the original subject of the appeal.

(3)

The appellant and other interested parties shall not present new evidence and testimony at the appeal hearing unless the party can demonstrate, to the satisfaction of the appeal body, that new information:

a.

Was not previously available to the party; or

b.

The party could not have participated in the review process because they could not have known about the review process.

(4)

If new or different evidence is presented on appeal, the Commission or Council may, but shall not be required to, refer the matter to the original review authority for further consideration.

(5)

Within 21 days following the closing of the public hearing on the appeal, or as soon thereafter as it is practicable, the review authority shall render its decision on the appeal.

(6)

In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.

(f)

Refund of appeal fees. Appeal fees may be refunded in only the following situations:

(1)

Upon the conclusion of any appeal, where the Council upholds the appeal and overturns the decision of the review authority, the Council may also authorize the return of all, or a portion, of the appeal fees; or

(2)

Upon the conclusion of any appeal, where the Council denies the appeal but finds that the appellants raised issues of substantial merit, the Council may authorize the return of any portion of the appeal fees deemed just.

(g)

Stay pending appeal. On the date a notice of appeal is properly filed with the Town Clerk, or on the date the Council orders a review of the Commission's action, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by Council, including the effective date of any permit, shall be stayed until the Commission's or the Council's final determination is made, or until 60 days have elapsed, whichever occurs first. If 60 days elapses without a final Council or Commission determination, the original action shall stand.

(Code 1990, § 17.104.030; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 20-13, exh. A(a), 11-18-2020)

The purpose of this chapter is to establish procedures and requirements for the review and approval of development agreements, in compliance with Government Code § 65864 et seq. and as these sections may be amended from time to time.

(Code 1990, § 17.108.010; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Qualified applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property, as determined in the sole discretion of the Town, which is the subject of the development agreement. An applicant shall also include an authorized agent of the property owner. The Town may require an applicant to submit proof of interest in the real property and of the authority of the agent to act for the applicant.

(b)

Contents of application.

(1)

An application for a development agreement shall be made to the Community and Economic Development Department on a form provided for that purpose pursuant to Chapter 17.60. All required information identified on the form shall be provided by the applicant. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.104.040.

(2)

All lawfully required documents, information, and materials shall accompany the application. The Director may require an applicant to submit such information and supporting data as is necessary to evaluate and process the application.

(c)

Development plan. An application for a development agreement shall be accompanied by a development plan. A development plan may consist of maps, plans, reports, development and performance standards, schematic drawings, or such other documents deemed necessary by the Director. The development plan shall be sufficiently detailed to illustrate intended or permitted uses and their location on the property, the density or intensity of use, and the maximum size and height of structures as appropriate to evaluate the application request. A development plan may be a specific plan, master plan, tentative map, use permit, design review, or other similar type of development plan.

(d)

Fees. The applicant shall pay the fees and charges established by the Town Council for the filing and processing of a development agreement. Additionally, appropriate fees may be established and collected for periodic reviews conducted by the Town in compliance with State law and Section 17.104.090.

(e)

Form of agreement. Each application shall be accompanied by the form of development agreement proposed by the applicant. All documents required, whether the agreement or any attachments and exhibits, shall be suitable for recordation.

(Code 1990, § 17.108.020; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Pre-application procedure. Prior to submitting an application for a development agreement, the applicant should hold preliminary consultations with the Community and Economic Development Department to provide the applicant information and guidance.

(b)

Town Council notification of application. After a development agreement application has been submitted consistent with Section 17.104.020, the Director shall provide written notification to Town Council of the application.

(c)

Public hearings.

(1)

Planning and Economic Development Commission's action. The Director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the Commission. Following conclusion of a public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve, or deny the application.

(2)

Town Council's action. Upon receipt of the Commission's recommendation, the Town Clerk shall set the application and written recommendation of the Commission for a public hearing before Town Council. Council may, but need not, refer matters not previously considered by the Commission during its hearing back to the Commission for report and recommendation. The Commission shall hold a public hearing on matters referred back to it by the Council. Following conclusion of a public hearing, the Council shall approve, conditionally approve, or deny the application.

(3)

Rules governing conduct of hearing. Public hearings shall be conducted in compliance with Chapter 17.120. Each person interested in the matter shall be given the opportunity to be heard. The applicant has the burden of proof at such hearings.

(4)

Irregularity in proceedings. No action, inaction, or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission (error) as to any matter pertaining to application, finding, hearing, notice, petition, recommendation, record, report, or any matters of procedure unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.

(d)

Approval of a development agreement. If the Council approves or conditionally approves a development agreement, it shall do so by the adoption of an ordinance containing the findings required by Section 17.104.040 and the facts supporting them.

(e)

Referendum. The ordinance is subject to referendum in compliance with Government Code § 65867.5.

(Code 1990, § 17.108.030; Ord. No. 14-02, § 4, 3-19-2014)

The Commission's written recommendation to Council shall include the Commission's findings and determination whether or not the development agreement meets the required findings listed herein. The Council may approve a development agreement, with or without conditions, only after all of the following findings are made:

(1)

That the agreement is consistent with the goals, policies, general land uses and programs specified in the Town's general plan and any applicable specific plan;

(2)

That the agreement and accompanying development plan are compatible with the uses authorized in, and the performance and development standards prescribed for, the zone classification in which the subject property is located;

(3)

That the agreement is in conformity with and will promote public convenience, general welfare, and good land use and development practices;

(4)

The development agreement shall be shown to be of greater benefit to the community than development under present zoning; and

(5)

The term or duration of the agreement has a commensurate relationship to the benefits provided.

(Code 1990, § 17.108.040; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Mandatory contents. A development agreement shall contain the mandatory provisions specified in Government Code § 65865.2 and other required terms, including the following:

(1)

The duration of the agreement.

(2)

The permitted uses of the property.

(3)

The density or intensity of uses.

(4)

The maximum height and size of proposed structures.

(5)

Provisions for reservation or dedication of land for public purposes.

(6)

Provisions requiring annual review pursuant to Government Code § 65865.1.

(7)

A general phasing plan.

(b)

Permissive contents. A development agreement may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by Government Code § 65865.2, and any other terms determined to be appropriate and necessary by the Council.

(Code 1990, § 17.108.050; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015)

(a)

Effective date. The Town shall not execute any development agreement until, on, or after the date upon which the ordinance approving the agreement, enacted in compliance with this chapter, becomes effective, and until it has been executed by the applicant.

(b)

Mutual consent required. A development agreement may be executed only upon the mutual consent of each party to the agreement.

(c)

Recordation. A development agreement shall be recorded with the County recorder no later than ten days after it is executed, in compliance with Government Code § 65868.5.

(Code 1990, § 17.108.060; Ord. No. 14-02, § 4, 3-19-2014)

The approval or conditional approval of a development agreement in compliance with this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act, Public Resources Code § 21000 et seq.

(Code 1990, § 17.108.070; Ord. No. 14-02, § 4, 3-19-2014)

A development agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest in compliance with Government Code § 65868. The procedure for proposing an adoption of an amendment to or cancellation of a development agreement is the same as the procedure for entering into a development agreement as specified in this chapter. If the parties to the agreement or their successors in interest amend or cancel the development agreement as provided in Government Code § 65868, the Town shall have notice of such action recorded with the County Recorder's office.

(Code 1990, § 17.108.080; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Generally. Every development agreement approved and executed in compliance with this chapter shall be subject to periodic review every 12 months or less by the Town during the full term of the agreement. The burden of proof shall be on the applicant, contracting party, or successor in interest to demonstrate compliance in good faith to the terms and conditions of the agreement to the full satisfaction of, and in a manner prescribed by, the Town.

(b)

Initiation of periodic review. The applicant, contracting party, or successor in interest shall initiate annual review by submitting a written statement to the Director describing their good faith substantial compliance with the terms and conditions of the agreement for the prior calendar year.

(c)

Fees. Appropriate fees to cover the Town's costs to conduct the periodic reviews shall be collected from the applicant, contracting party, or successor in interest prior to completion of each periodic review. These fees may be established in the development agreement or by Town Council consistent with Chapter 17.60.

(d)

Determination upon review. The Director shall review materials furnished by the applicant, contracting party, or successor in interest to determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the development agreement.

(e)

Procedures upon determination.

(1)

If the Director finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the development agreement during the period under review, the review for that period is concluded. The Director shall deliver a report of the determination to the Town Council.

(2)

If the Director finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the development agreement during the period under review, the Town may modify or terminate the development agreement in compliance with Government Code § 65865.1.

(Code 1990, § 17.108.090; Ord. No. 14-02, § 4, 3-19-2014)

If, upon a finding under Section 17.104.090(e)(2), the Town determines to proceed with modification or termination of a development agreement, the Town shall give notice to the property owner of its intention to do so. The procedure for modifying or terminating a development agreement is the same as the procedure for entering into a development agreement as specified in this chapter. If the Town modifies or terminates a development agreement in accordance with this chapter, the Town shall have notice of such action recorded with the County Recorder's office.

(Code 1990, § 17.108.100; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing permitted uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

(b)

Unless specifically provided for in the development agreement, the agreement does not prevent the Town, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the Town from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.

(Code 1990, § 17.108.110; Ord. No. 14-02, § 4, 3-19-2014)

Development agreements approved by the Council shall be on file with the Town Clerk.

(Code 1990, § 17.108.120; Ord. No. 14-02, § 4, 3-19-2014)

This chapter provides procedures for the amendment of the general plan, the Zoning Map, and this title whenever the Council determines public necessity and general welfare require an amendment.

(1)

General plan amendments may include revisions to goals, policies, actions, land use designations, or text.

(2)

Zoning Map amendments have the effect of rezoning property from one zoning district to another.

(3)

Amendments to this chapter may modify any procedure, provision, requirement, or standard applicable to the development or use of property within the Town.

(4)

Correction of clerical errors also known as scrivener's errors shall be completed administratively, under the direction and at the discretion of the Director. Scrivener's errors are minor mistakes that are made inadvertently and may be readily corrected without objection.

(Code 1990, § 17.112.010; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 17-10, § 4(exh. A), 11-1-2017)

An amendment of the general plan, the Zoning Map, or this chapter may be initiated by:

(1)

Council. A resolution of intention adopted by the Council;

(2)

Commission. A resolution of intention by the Commission; or

(3)

Property owner. An application from the property owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all owners or their authorized agents shall join in filing the application.

(Code 1990, § 17.112.020; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Application filing. If the amendment is initiated by the filing of an amendment application from the property owner, the application shall be made to the Department on a form provided for that purpose pursuant to Chapter 17.60. All required information and any applicable fees identified on the form shall be provided by the applicant, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.108.060.

(b)

Application processing. The Director, upon finding the application for an amendment complete, shall set the application, together with recommendations, for a public hearing before the Commission. The Commission and Council shall each conduct one or more public hearings regarding the amendment. If the proposed amendment is a general plan amendment, the Director shall make the referrals and engage in the consultations required by Government Code § 65352 et seq.

(c)

Notice and public hearings. Notice of public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.120.

(Code 1990, § 17.112.030; Ord. No. 14-02, § 4, 3-19-2014)

Following conclusion of a public hearing for which notice was provided pursuant to Government Code § 65353 (for a general plan amendment) or Government Code § 65854 (for a Zoning Map or title amendment), the Commission shall make a recommendation to the Council whether to approve, approve in modified form, or deny the proposed amendment based on the findings contained in Section 17.108.060 and the written recommendation and findings of the Commission shall be forwarded to the Council. The Commission's recommendation regarding a general plan amendment shall be made with an affirmative vote of a majority of the total membership of the Commission.

(Code 1990, § 17.112.040; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Council action. Upon receipt of the Commission recommendation in compliance with Section 17.108.040, the Council shall conduct a public hearing regarding the amendment. Following conclusion of a public hearing, the Council shall approve, approve in modified form, or deny the application based on the findings contained in Section 17.108.060. A general plan amendment shall be implemented by a resolution adopted by an affirmative vote of a majority of the total membership of the Council.

(b)

Referral to commission. If the Council proposes to adopt substantial modification to the amendment not previously considered by the Commission during its hearing, the proposed modification shall first be referred back to the Commission for its report and recommendation in compliance with Government Code §§ 65356 and 65857.

(Code 1990, § 17.112.050; Ord. No. 14-02, § 4, 3-19-2014)

An amendment to the general plan, the Zoning Map, or this chapter may be approved only after all of the following findings are made, as applicable to the type of amendment:

(1)

Mandatory findings required for all amendments.

a.

The proposed amendment is internally consistent with all other provisions of the general plan and any applicable specific plan or master plan;

b.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town; and

c.

The proposed amendment is in compliance with the provisions of the California Environmental Quality Act, Public Resources Code § 21000 et seq., (CEQA).

(2)

Additional finding for title amendments. The proposed amendment is internally consistent with other applicable provisions of this chapter.

(3)

Additional finding for Zoning Map amendments. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities for the requested zoning designation and the proposed or anticipated uses or development.

(Code 1990, § 17.112.060; Ord. No. 14-02, § 4, 3-19-2014)

The Council may impose conditions on a Zoning Map amendment where it finds that the conditions are reasonable and necessary to ensure that the Council is able to make the findings identified in Section 17.108.060.

(Code 1990, § 17.112.070; Ord. No. 14-02, § 4, 3-19-2014)

Consistent with Government Code § 65358, no mandatory element of the general plan shall be amended more than four times during any calendar year.

(Code 1990, § 17.112.080; Ord. No. 14-02, § 4, 3-19-2014)

The purpose of this chapter is to provide procedures for the preparation, processing, review, adoption, and amendment of specific plans in compliance with Government Code § 65450 et seq.

(Code 1990, § 17.116.010; Ord. No. 14-02, § 4, 3-19-2014)

(a)

When required. When required by the Council, the general plan, or this chapter to systematically implement the general plan for any part of the Town, a specific plan shall be prepared, processed, approved, and implemented in compliance with this chapter.

(b)

Review authority. An application for a specific plan shall be considered by the Commission and approved or denied by the Council.

(c)

Effect of specific plan. The regulations provided by an adopted specific plan shall replace those of the applicable zone, and the development standards and design guidelines identified in the specific plan shall take precedence over the general standards contained in this chapter and any Town adopted design guidelines.

(Code 1990, § 17.116.020; Ord. No. 14-02, § 4, 3-19-2014)

A specific plan may be initiated by:

(1)

Council. A resolution of intention adopted by the Council; or

(2)

Property owner. An application from the property owner or authorized agent of property for which the specific plan is sought. If the property is under more than one ownership, all owners or their authorized agents shall join in filing the application. For specific plans, the project area may be a combination of adjoining parcels subject to a unified planning concept with the full written concurrence of all applicable property owners.

(Code 1990, § 17.116.030; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Application filing. An application for a specific plan shall be made to the Department on a form provided for that purpose pursuant to Chapter 17.60. The application shall be accompanied by the information identified on the application form for specific plans and Subsection (b) of this section. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.112.060.

(b)

Specific plan content. The applicant shall prepare and submit a draft specific plan for review by the Town that includes detailed information in the form of text and diagrams, organized in compliance with Government Code § 65451 and the following:

(1)

Proposed land uses. The distribution, location, and extent of land uses proposed within the area covered by the specific plan, including open space areas.

(2)

Infrastructure. The proposed distribution, location, and extent and intensity of major components of public and private circulation/transportation (including vehicular, pedestrian, bicycle, and transit), sewage water, drainage, solid waste disposal, energy, water, utilities, and other essential features proposed to be located within the specific plan area and needed to support the proposed land uses.

(3)

Land use and development standards. Standards, criteria, and design guidelines by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

(4)

Implementation measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and land use and development standards and criteria.

(5)

Relationship to the general plan. A discussion of the relationship of the specific plan to the goals, policies, actions, general land uses, and programs of the general plan.

(6)

Additional information. The specific plan shall contain any additional information deemed necessary by the Director because of the characteristics of the area to be covered by the plan, applicable policies of the general plan, or any other issues determined by the Director to be relevant.

(Code 1990, § 17.116.040; Ord. No. 14-02, § 4, 3-19-2014)

(a)

General processing. A draft specific plan shall be processed in the same manner as required for general plans by Government Code § 65350 et seq., and as provided in this section.

(b)

Director evaluation. The Director, upon finding the application for a specific plan complete and in conformance with this chapter, shall set the application, together with recommendations, for a public hearing before the Commission.

(c)

Public hearings. The Commission and Council shall each conduct one or more public hearings regarding the specific plan. Notice of public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.120.

(1)

Commission hearing. Following conclusion of a public hearing for which notice was provided pursuant to Government Code § 65353, the Commission shall make a recommendation to the Council whether to approve, approve in modified form, or deny the proposed specific plan based on the findings contained in Section 17.112.060, and the written recommendation and findings of the Commission shall be forwarded to the Council. The Commission's recommendation shall be made with an affirmative vote of a majority of the total membership of the Commission.

(2)

Council hearing.

a.

Council action. Upon receipt of the Commission recommendation in compliance with Subsection (c)(1) of this section, the Council shall conduct a public hearing regarding the specific plan. Following conclusion of a public hearing, the Council may adopt the specific plan, adopt the plan with modifications, or deny the plan with appropriate findings in compliance with Section 17.112.060.

b.

Referral to Commission. If the Council proposes to adopt substantial modification to the specific plan not previously considered by the Commission during its hearing, the proposed modification shall first be referred back to the Commission for its report and recommendation in compliance with Government Code § 65356.

(d)

Adoption of specific plan. A specific plan shall be adopted by ordinance or by resolution of the Council, in compliance with Government Code § 65453, only after all of the findings contained in Section 17.112.060 are made. A specific plan shall be adopted by an affirmative vote of a majority of the total membership of the Council.

(Code 1990, § 17.116.050; Ord. No. 14-02, § 4, 3-19-2014)

The Council may adopt a specific plan, with or without conditions, only after all of the following findings are made:

(1)

That the specific plan is consistent with the general plan and other adopted goals and policies of the Town;

(2)

That the specific plan is consistent with any applicable airport land use plan as required by Government Code § 65302.3; and

(3)

That the specific plan is in compliance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq.

(Code 1990, § 17.116.060; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Development within specific plan area. After the adoption of a specific plan, subsequent projects to implement the specific plan may be approved or adopted within an area covered by the specific plan only if first found consistent with the specific plan.

(b)

Specific plan fee. The Council may impose a specific plan fee on development permits within the specific plan area, in compliance with Government Code § 65456.

(c)

Amendments.

(1)

An adopted specific plan may be amended through the same procedure specified by this chapter for the adoption of a specific plan.

(2)

An adopted specific plan may be amended as often as deemed necessary by the Council, in compliance with Government Code § 65453.

(Code 1990, § 17.116.070; Ord. No. 14-02, § 4, 3-19-2014)

The purpose of this chapter is to establish procedures for reviewing master plans that allow for flexibility in the application of title standards to proposed development. A master plan is a set of specific development criteria tailored to an individual property or group of properties that constitutes site specific zoning for the subject properties.

(Code 1990, § 17.120.010; Ord. No. 14-02, § 4, 3-19-2014)

Master plans shall be allowed for property located in the R, PS, OS, or AH zone.

(Code 1990, § 17.120.020; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Application filing. An application for a master plan shall be made to the Department on a form provided for that purpose pursuant to Chapter 17.60. All required information identified on the form shall be provided by the applicant, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.116.060.

(b)

Master plan content. An applicant shall prepare and submit a draft master plan for review by the Town that includes the following detailed information in the form of text and diagrams, organized in compliance with an outline furnished by the Director.

(1)

Proposed land uses. The distribution, location, extent, and density or intensity of land uses proposed within the area covered by the master plan, including open space areas.

(2)

Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private circulation/transportation (including vehicular, pedestrian, bicycle, and transit), drainage, energy, sewage, solid waste disposal, water, and other essential features proposed to be located within the master plan area and needed to support the proposed land uses.

(3)

Land use and development standards. Standards, criteria, and design guidelines by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. Standards may include, but are not limited to, building heights, lot coverage, setbacks, and parking requirements. Design guidelines may include, but are not limited to, preliminary building elevations, landscape plans, lighting plans, and signage plans.

(4)

Implementation measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria.

(5)

Topography and grading. A topographic map and conceptual grading plan of the property.

(6)

Housing. Housing plan consistent with Chapters 17.132 through 17.140.

(7)

Phasing. A discussion on the phases of development, if any.

(8)

Additional information. The master plan shall contain any additional information deemed necessary by the Director because of the characteristics of the area to be covered by the plan, applicable policies of the general plan, or any other issues determined by the Director to be relevant.

(Code 1990, § 17.120.030; Ord. No. 14-02, § 4, 3-19-2014)

The relevant sections of Chapters 17.16 through 17.32 shall be used as a general guideline for land uses and development densities. Land uses and densities may be modified by the master plan if the findings in Section 17.116.060 can be made.

(Code 1990, § 17.120.040; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Director evaluation. The Director, upon finding the application for a master plan complete and in conformance with this chapter, shall set the application, together with recommendations, for a public hearing before the Commission.

(b)

Public hearings. The Commission and Council shall each conduct one or more public hearings regarding the master plan. Notice of public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.120.

(1)

Commission hearing. Following conclusion of a public hearing, the Commission shall make a recommendation to the Council whether to approve, approve in modified form, or deny the master plan based on the findings contained in Section 17.116.060, and the written recommendation and findings of the Commission shall be forwarded to the Council.

(2)

Council hearing.

a.

Council action. Upon receipt of the Commission recommendation in compliance with Subsection (b)(1) of this section, the Council shall conduct a public hearing regarding the master plan. Following conclusion of a public hearing, the Council shall approve, approve in modified form, or deny the master plan based on the findings contained in Section 17.116.060.

b.

Referral to Commission. If the Council proposes to adopt substantial modification to the master plan not previously considered by the Commission during its hearing, the proposed modification shall first be referred back to the Commission for its report and recommendation in compliance with Government Code § 65857.

(c)

Adoption of master plan. A master plan shall be approved by the adoption of an ordinance of the Council only after all of the findings contained in Section 17.116.060 are made.

(Code 1990, § 17.120.050; Ord. No. 14-02, § 4, 3-19-2014)

The Council may approve a master plan, with or without conditions, only after all of the following findings are made:

(1)

That the master plan is consistent with the general plan and any applicable specific plan;

(2)

That any exception from the standards and requirements of this chapter is warranted by the design and amenities incorporated in the master plan and is desired by Council;

(3)

That the master plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town;

(4)

That the master plan is compatible with the surrounding area;

(5)

That the affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities for the master plan and the proposed or anticipated uses or development; and

(6)

That the phasing plan provides a workable, functional, and efficient relationship throughout the development of the master plan.

(Code 1990, § 17.120.060; Ord. No. 14-02, § 4, 3-19-2014)

(a)

General requirements. Major and minor amendments shall be defined in a master plan. If not defined in the master plan, any amendment shall be processed as a major amendment. Amendments to an approved master plan shall be processed as established in the master plan.

(b)

Minor amendment. The Director may administratively approve minor changes, alterations, or amendments to an approved master plan, subject to appeal pursuant to Chapter 17.100, only after all of the following findings are made:

(1)

That the proposed amendment is consistent with the intent of the approved master plan, including the findings contained in Section 17.116.060;

(2)

That the proposed amendment will not increase the density or intensity of development or use within the approved master plan area;

(3)

That the proposed amendment will not adversely impact the environment;

(4)

That the proposed amendment will not be detrimental to the surrounding uses; and

(5)

That the proposed amendment will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development.

(c)

If minor amendment findings cannot be made. If the Director determines the above findings for a minor amendment cannot be made, then the request shall be considered a major amendment.

(d)

Major amendment. Major changes, alterations, and amendments shall be approved, modified, or denied by the Council following the process established in Section 17.116.050.

(Code 1990, § 17.120.070; Ord. No. 14-02, § 4, 3-19-2014)

This chapter provides procedures for public hearings before the Commission and Town Council. When a public hearing is required by this chapter, public notice shall be given and the hearing shall be conducted as provided by this chapter.

(Code 1990, § 17.124.010; Ord. No. 14-02, § 4, 3-19-2014)

When a land use permit, entitlement or other matter requires a public hearing, the public shall be provided notice of the hearings in compliance with Government Code §§ 65090 et seq. and 66451.3.

(1)

Contents of notice. Notice of a public hearing shall include:

a.

The date, time, and place of the hearing and the name of the hearing body;

b.

A general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing; and

c.

If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the Town's CEQA guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed negative declaration or certification of the final environmental impact report (EIR) and the notice shall be published, posted, mailed, or delivered at least the minimum number of days required by the California Environmental Quality Act, Public Resources Code § 21000 et seq.

(2)

Method of notice distribution. Notice of a public hearing required for a land use permit, entitlement, plan amendment, zoning amendment, or appeal shall be given as follows, as required by Government Code §§ 65090 and 65091 and in compliance with Subsection (1) of this section:

a.

Notice shall be published at least once in a local newspaper of general circulation within the Town at least ten days before the hearing;

b.

Notice shall be mailed or delivered at least ten days before the hearing to:

1.

The owners of the property being considered or the owner's agent, and the applicant;

2.

All owners of real property as shown on the County's latest equalized assessment roll within 300 feet of the property which is the subject of the hearing; and

c.

If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by Government Code § 65091(a)(4);

d.

In addition to the types of notice required by Subsection (2) of this section, the Director may provide any additional notice with content or using a distribution method as the Director determines is necessary or desirable.

(Code 1990, § 17.124.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 19), 1-21-2015)

The Commission may announce and record the decision at the conclusion of a scheduled hearing or defer action and take specified items under advisement and announce and record the decision at a later date. Within 21 days following the closing of the public hearing on a use permit application, the Commission shall act on the application. The decision shall contain applicable findings of the Commission, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the Town. Following the hearing, a final resolution and any conditions of approval shall be mailed to the applicant at the address shown on the application.

(Code 1990, § 17.124.030; Ord. No. 14-02, § 4, 3-19-2014)

A decision by the Director or Commission is final and shall become effective on the 16th day after the decision, unless appealed in compliance with Chapter 17.100.

(Code 1990, § 17.124.040; Ord. No. 14-02, § 4, 3-19-2014)

At the conclusion of any public hearing on a proposed amendment to the general plan, Zoning Map amendment, title amendment, or a specific plan, the Commission shall forward a recommendation, including all required findings, to the Council for final action.

(Code 1990, § 17.124.050; Ord. No. 14-02, § 4, 3-19-2014)

For applications requiring Council approval, the Council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the Council, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the Town. Following the hearing, a final resolution and any conditions of approval shall be mailed to the applicant at the address shown on the application. A decision by the Council is final and shall become effective the next business day after the Council's decision.

(Code 1990, § 17.124.060; Ord. No. 14-02, § 4, 3-19-2014)

This chapter provides procedures for securing revocation or modification of previously approved land use permits or entitlements.

(Code 1990, § 17.128.010; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Hearing required. The appropriate review authority shall hold a public hearing in order to revoke or modify any land use permit or entitlement granted in compliance with the provisions of this chapter.

(b)

Mailing of notice. Ten days before the public hearing notice shall be mailed to the applicant or owner of the property for which the permit was granted.

(c)

Deemed delivered. Notice shall be deemed delivered two days after being mailed to the owner, certified mail postage paid, as shown on the equalized assessment roll of the County or to the project applicant, who is not the owner of the subject property.

(Code 1990, § 17.128.020; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Permit revocation/modification. A land use permit or entitlement may be revoked or modified by the review authority (e.g., Commission or Council) that originally approved the permit, if any one of the following findings can be made:

(1)

Circumstances under which the permit or entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and welfare require the revocation or modification;

(2)

The permit or entitlement was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or entitlement;

(3)

The use or improvement authorized in compliance with the permit has not been exercised or commenced in a timely manner and a time extension is not warranted;

(4)

One or more of the conditions of the permit have not been met or have been violated;

(5)

The use or improvement authorized in compliance with the permit is in violation of any Code, law, ordinance, regulation, or statute;

(6)

The use or improvement authorized by the permit has become detrimental to the public health, safety, or welfare or the manner of their operation constitutes a nuisance; or

(7)

The use or on-site structures are nonconforming; and

a.

Have been discontinued for a period of one year; or

b.

Have been destroyed or damaged, and the use or structures cannot be repaired, rebuilt, or replaced in compliance with Chapter 17.96.

(b)

Variance revocation/modification. A variance may be revoked or modified by the review authority which originally approved the variance, if any one of the following findings can be made, in addition to any one of the findings outlined in Subsection (a) of this section:

(1)

Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the variance; or

(2)

One or more of the conditions of the variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the variance.

(Code 1990, § 17.128.030; Ord. No. 14-02, § 4, 3-19-2014)

The provisions of this chapter are intended to ensure compliance with the requirements of this chapter and any conditions of land use permit or subdivision approval, to promote the Town's planning efforts and to protect the public health, safety, and welfare.

(Code 1990, § 17.132.010; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Compliance with chapter required. All departments, officials, and public employees of the Town which are vested with the authority or duty to issue licenses or permits shall comply with the provisions of this chapter and shall not issue a license or permit for purposes, structures, or uses which would be in conflict with the provisions of this chapter.

(b)

Official duty to enforce. It shall be the duty of the Director to enforce the provisions of this chapter and any use of land or structures and the addition, alteration, construction, erection, moving, or reconstruction of or to any structure.

(c)

Police Department. During non-office hours, it shall be the responsibility of the Police Department to monitor and enforce the provisions of this chapter.

(Code 1990, § 17.132.020; Ord. No. 14-02, § 4, 3-19-2014)

Any use, structure, or property which is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this chapter or any condition of approval, is hereby declared to be unlawful and a public nuisance and may be abated by the Town through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

(Code 1990, § 17.132.030; Ord. No. 14-02, § 4, 3-19-2014)

All remedies contained in this chapter for the handling of violations or enforcement of the provisions of this chapter shall be cumulative and not exclusive of any other applicable provisions of Town, County, or State law. Should a person be found guilty and convicted of a misdemeanor for the violation of any provision of this chapter, the conviction shall not prevent the Town from pursuing any other available remedy to correct the violations.

(Code 1990, § 17.132.040; Ord. No. 14-02, § 4, 3-19-2014)

Every applicant seeking a permit or any other action in compliance with this chapter shall allow the Town officials handling the application access to any premises or property which is the subject of the application. If the permit or other action in compliance with this chapter is approved, the owner or applicant shall allow appropriate Town officials access to the premises in order to determine continued compliance with the approved permit or any conditions of approval imposed on the permit.

(Code 1990, § 17.132.050; Ord. No. 14-02, § 4, 3-19-2014)

The procedures for the recovery of administrative costs and expenses incurred by the Town for the enforcement of this chapter or any condition imposed through this Title, in cases where no permits are required to correct a violation, shall be followed as set forth in Section 8.24.

(Code 1990, § 17.132.060; Ord. No. 14-02, § 4, 3-19-2014)